A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 28, 2015, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch court’s jurisdiction over the Defendant.

On September 9, 2019, around 01:05, the Defendant driven an E-motor vehicle under the influence of alcohol concentration of 0.214% in the section of about 10 meters from the parking lot of the building B in the Jinju City to the front road of the “D cafeteria” located in Jinju City.

Accordingly, the prohibition of driving under the influence of alcohol has been violated not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement, investigation report, and report on detection of the drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend a lecture: The reason for sentencing under Article 62-2 of the Criminal Act, although there was an enemy who was punished for drunk driving, it caused a water-related accident while driving under very high blood alcohol concentration.

provided, however, that the crime is recognized;

Other factors such as driving distance, environment, etc.